Sec. 25-53. Duty to trim.

The owner, occupant, or agent in charge of any lot, piece or parcel of land within the corporate limits of the city shall not allow any tree, shrub, or other form of vegetation of any kind upon such property or upon the right-of-way, street, or alley adjoining the same to extend over or under the sidewalk space or roadway in such street or alley in such a manner as to interfere with the reasonable use of such street, sidewalk, or alley for pedestrian or vehicular traffic of any kind or to obstruct the view or light distribution of traffic-control devices or luminaries. It shall be the duty of every such owner, occupant or agent in charge to keep such trees, shrubs, or any other vegetation trimmed in such manner that the same will not interfere with the reasonable use of such street or alley for pedestrian or vehicular traffic.

(1953 Code, ch. 24, § 16; Ord. No. 6195, § 3, 3-11-85; Ord. No. 8327, § 2, 7-5-94)

Sec. 25-54. Notice to trim.

The owner, occupant or agent in charge of any lot, piece or parcel of land within the corporate limits of the city shall, within thirty (30) days after receipt of a notice from any city department, trim any such trees, shrubs, or other vegetation upon the right-of-way, street, or alley adjoining the same in accordance with the instructions contained in such notice.

(1953 Code, ch. 24, § 17; Ord. No. 8327, § 3, 7-5-94; Ord. No. 8671, § 1, 4-8-96)

Sec. 25-55. Notice to remove; duty to keep area between curb and property line free from grass and weeds.

The owner, occupant or agent in charge of any lot, piece or parcel of land within the corporate limits of the city shall, within thirty (30) days after receipt of a notice from any city department, remove any trees, shrubs, or other vegetation growing upon the right-of-way, street or alley adjoining the same in accordance with the instructions contained in such notice. It shall be the duty of each owner, occupant or agent in charge of property within the city to keep the space between the property line adjacent to the street and the curbline of the street free from rank grass and weeds at all times.

(1953 Code, ch. 24, § 6; Ord. No. 8327, § 4, 7-5-94; Ord. No. 8671, § 2, 4-8-96)

Sec. 25-56. Owners, occupants of building to keep gutters and sidewalks clean.

The owner, occupant or agent in charge of any and all buildings in the city shall, within thirty (30) days after receipt of a notice from any city department, remove from the gutters and sidewalks in front of such building any offensive substance, liquid or solid, or any dirt, rubbish, water or stones, or any other things harmful to the public health, safety and welfare. It shall be the duty of all owners, occupants or agents in charge of any and all buildings in the city to keep the gutter and sidewalk in front of such building free from any offensive substance, liquid or solid, or any dirt, rubbish, water or stones, or any other things harmful to the public health, safety and welfare.

(1953 Code, ch. 24, § 7; Ord. No. 8671, § 3, 4-8-96)

Sec. 25-57. Placing flower pots, tree pots, planters on sidewalks.

   Sec. 25-57(1). License authorized. A license to permit the placing of flower pots, tree pots or planters and other objects of beautification upon the public sidewalks may be issued upon the terms and conditions hereinafter prescribed and upon such specific terms and conditions as are required in writing by the director of public works.

   Sec. 25-57(2). Application for license, approval, disapproval. The applicant will submit a written application upon a form to be supplied by the office of the director of public works. The director of public works will then approve or deny such application. If denied, the applicant may request a review of such denial by the city manager. The mayor and council may, if it so desires, exercise the power of review as to all matters herein described, and its decision shall be final.

   Sec. 25-57(3). Issuance of license. Upon approval of the proposed plan, a license for such use will be issued by the director of public works.

   Sec. 25-57(4). Revocation of license. If, at any time hereafter, any portion of the sidewalk occupied and used by the licensee may be needed or required by the city, or if the licensee fails to maintain such use as hereinafter prescribed and as prescribed by such specific terms and conditions set forth by the director of public works, any license granted pursuant to this section may be revoked by the city, and all right thereunder terminated. The licensee shall and will promptly remove all property belonging to the licensee from the sidewalk area upon receipt of written notice of revocation. If removal is not accomplished by the licensee within a reasonable time, the city will cause such flowers or trees or other items to be removed and stored, and the cost thereof shall be charged to the licensee.

   Sec. 25-57(5). Terms and conditions. No license shall issue except under the following general terms and conditions:

   (a)   The applicant has filed the proper form with the office of the director of public works.

   (b)   The applicant must maintain at all times public liability insurance in amounts not less than:

Public liability and bodily injury--Each person $20,000.00, each accident $50,000.00; and

Property damage, each accident $1,000.00, aggregate $10,000.00;

to indemnify the city against all claims for damages which may result from the installation, maintenance and use of such flower pots and tree pots or planters, or other objects of beautification. Satisfactory evidence of the policy shall be filed with the director of public works of the city.

   (c)   The applicant shall furnish all such flowers, trees and containers and bear the cost of installation, maintenance and repair thereof, according to the directives of the director of public works.

   (d)   The director of public works shall exercise supervision of all requirements as to size, type, maximum and minimum heights, watering and upkeep, of such flowers and trees; color, type of construction, location upon the sidewalk area and spacing of the pots or planters and other related particulars of such flowers, trees and containers.

   (e)   All applications, whether approved, denied or revoked, shall be filed with the office of the director of public works.

(1953 Code, ch. 24, § 12a; Ord. No. 2042, § 1, 3-20-61)

Sec. 25-57.1. Attaching newspaper vending machines to public right-of-way.

It is intended that the provisions that follow operate so as to regulate the permanent attachment of newspaper vending machines on the public right-of-way to the end that the health, safety and welfare of this community may be maintained.

   Sec. 25-57.1(1). License authorized. A license to permit the attachment of newspaper vending machines to the public right-of-way be issued upon compliance with terms and conditions set forth in this article and upon such specific terms and conditions as are required in writing by the city engineer.

   Sec. 25-57.1(2). Application for license; approval denial. For each machine the applicant shall submit a written application upon a form to be supplied by the director of finance. Insurance verification forms, bonds, plans, procedures and fees as required in minor sections 25-57.1(3) and 25-57.1(5) shall be submitted with the application. The director of finance will approve or deny an application. The director of finance will approve or deny an application within thirty (30) days of submission. If denied, the applicant may request a review of such denial by the city manager. Upon approval of the application, the director of finance shall issue a license which will be valid until either the machine is moved from the location by the licensee or until the city revokes the license.

   Sec. 25-57.1(3). License fees. A nonrefundable application fee per machine shall be paid at the time of application.

   Sec. 25-57.1(4). Revocation of license. If, at any time, any portion of the right-of- way occupied and used by the licensee may be needed or required by the city, or if the licensee fails to abide by the terms and conditions set forth herein, any license granted by the city may be revoked by the city. The licensee shall promptly remove all property belonging to licensee from right-of-way area upon receipt of written notice of revocation. If removal is not accomplished within a reasonable time, the city will move and store such property and the expense shall be charged to the licensee.

   Sec. 25-57.1(5). Terms and conditions. No license shall be issued except under the following terms and conditions:

   (a)   The applicant has filed the required forms with the director of finance.

   (b)   No vending machine may be located within fifteen (15) feet of a fire hydrant, fire alarm box, fire department connections to fire protection systems, nor shall any vending machine block fire department accessibility into a building or an emergency exit of a building.

   (c)   The city engineer shall prescribe minimum standards for size, type, maximum and minimum heights, method of installation and other related particulars of such newspaper vending machines. Installation procedures, plans, dimensions and locations shall be submitted in such detail as the city engineer may require in writing.

   (d)   The applicant must maintain at all times public liability insurance in amounts not less than:

Public liability and bodily injury--Each person one hundred thousand dollars ($100,000.00); each accident three hundred thousand dollars ($300,000.00); and

Property damage; aggregate--Fifty thousand dollars ($50,000.00);

to indemnify the city against all claims for damages which may result from the installation of newspaper vending machines. Satisfactory evidence of insurance shall be filed with the director of finance.

   (e)   The city must be notified of the removal of any licensed machine. The licensee is liable for any damage to the right-of-way or surface caused by the removal of licensed vending machine. At the time of application, a bond) per machine shall be filed with the director of finance to cover potential damage expenses.

(Ord. No. 4684, § 1, 7-5-77; Ord. No. 12108, § 2, 6-18-24)

Sec. 25-58. Under-sidewalk elevators--Where permitted.

Under-sidewalk elevators may be constructed and used by abutting property owners only in any block in the area bounded as follows: Commencing at the intersection of Stone Avenue and Toole Avenue, running thence east on Toole Avenue to South 4th Avenue, thence south along South 4th Avenue to East 13th Street, thence west along East 13th Street to South Main Avenue, thence north along South Main Avenue and North Main Avenue to Franklin Street, thence east along Franklin Street and West Seventh Street to the place of beginning, which has not alley or open space at the rear of the lots therein from which garbage and trash can be collected, but only on the terms and under the conditions hereinafter required and specified; and permission is hereby granted to the abutting property owners for such purposes when and if compliance with all the provisions of this section and sections 25-59 and 25-60 of this Code is furnished and maintained by the owners.

(1953 Code, ch. 24, § 12b; Ord. No. 2042, § 2, 3-20-61)

   Cross References: Mechanical code, § 6-160 et seq.

Sec. 25-59. Same--Permit required; application; insurance.

Before any under-sidewalk elevator may be constructed, installed or used, the abutting property owners shall make application for a permit therefor to the inspection division of the department of public works. Such application shall state and warrant that the applicant is the owner of the land abutting the sidewalk where the elevator is to be installed; such application shall be in such form and have such content as shall be necessary and shall be required by the inspection division to carry out the provisions of this section and sections 25-58 and 25-60 of this Code. The application shall contain an agreement to hold harmless the city from all claims, demands, loss or damages, accruing to it or any claimant against it, directly or indirectly by reason of the installation, design, operation or maintenance of the undersidewalk elevator and that the applicant will procure and furnish full public liability insurance in a licensed insurance company in an amount not less than twenty-five thousand dollars ($25,000.00) for personal injury single claimant, one hundred thousand dollars ($100,000.00) aggregate for one accident, and five thousand dollars ($5,000.00) for property damage, which shall name the city as coinsured. The application shall contain an agreement that the applicant will comply at all times with the terms and conditions of operation, installation and use of the under-sidewalk elevator as specified by this section and sections 25-58 and 25-60 of this Code.

(1953 Code, ch. 24, § 12c; Ord. No. 2042, § 2, 3-20-61)